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(영문) 서울중앙지방법원 2019.10.10 2019가합510859
리스료 등 청구의 소
Text

1. The defendant

(a) KRW 130,767,707 and for this, KRW 9.8% per annum from February 27, 2019 to March 18, 2019; and

Reasons

1. Indication of claims: To be as shown in Appendix 2; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff is seeking payment of money calculated at the rate of 15% per annum from the day following the day of service of the duplicate of the complaint of this case.

However, as the provisions on statutory interest rate (Enforcement Decree) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Act") were promulgated on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the above Act was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from June 1, 2019 to the date of full payment, and the excess portion of the claim is dismissed.

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.

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